James Lockhart To Joseph Grimes Deed 5 October 1785

James Lockhart To Joseph Grimes Deed 5 October 1785

(Transcribed by Joan S Dunn) Deed Book 1 A Page 345, 346, & 347 James Lockhart To Joseph Grimes Article etc. This indenture made this fifty day of October in the ninth year of American Independence & in the year of our Lord 1785. Between James Lockhart in behalf or his sons Lillington & James Lockhart minors of the State of No. Carolina & County of Duplin Gent. of the one part & Joseph Grimes Carpenter & millright of the other part. Witnesseth that he the said James Lockhart for and in consideration of the reservations & covenants herein after expressed to be ovserve & kept by the siad Joseph Grimes his heirs or hath let & to farm let unto the said Joseph Grimes his heirs & assigns for & during the term of seven years to commence from the day of finishing and setting to work a certain saw mill now intended to be built by him the said James Lockhart & Joseph Grimes at a place known by the name of Muddy Creek in the said County of Duplin full previledge of building & finishing a saw mill to work with two saws, as also to find a sufficent quanity of tumber for the use of the mill to saw or to erect any necessary building for the purpose of carrying on the said business of sawing for & during the said term & keeping & repairing the same, he the said Joseph Grimes paying one half of the expenses of building & keeping in good repair the said mill & her appendages for the time aforesaid for which the said Joseph Grimes shall be entitled to receive one half of the neat profits that shall arise from said Mill, the expense of attending the same to be equally divided between the said parties, & if it shall be concieved that it be most profitable or any difference shall arise between the said parties & they separate their hands that attends the said mill each shall take a separate loss & cast lots for preference if any is concieved & in case either of the said parties shall be in arrear to the other when the said mill is finished it shall be paid out of the first neat profit that arises from the said mill, & in case of disputes about the expence of building or repairing the said mill, it shall be adjusted by arbutration in differently chsen by the said parties, and the said James Lockhart doth farther agree that the said Joseph Grimes shall have full liberty of pasturage for oxen or other team necessary for carrying on the said business, he the said Joseph Grimes paying his proportion of the expence of fencing or otherwise enclosing the said pasture and it is farther agreed between the said parties that the saws and irons shall be vallued at the end of the said term, one half of which shall be paid to the said Joseph Grimes or his assigns, & the said Joseph Grimes doth farther engage to set a grist mill to woork as soon as may be the said James Lockhart finding the stones & irons for which he shall be intitled to receive out of the tole that may be obtained from said mill a suficient quantity of corn to bread the hands that he shall employ in attending the said saw mill, any other expence attending the said grist mill to be regulated in the same manner as is mentioned for the saw mill & the said James Lockhart doth for himself his heirs & assigns further promise & engage to keep the said Joseph Grimes his heirs & asigns in the quiet possession of the aforesaid premises & every part thereof free from the least let molestation or interuption of him the said James Lockhart his heirs or assigns or any other person or persons whatsoever & for the true performance of all & singular the aforesaid covenants & agreements, the parties bind themselves to each other in the sum of one thousand pounds specie to be paid by the party failing, to the part observant. In testimony whereof the said parties have hereunto set their hands & seals the day & year first written. James Lockhart for Lillington & James Lockhart junr. Joseph Grimes Signed sealed & delivered in the presence of us James Gillespie William McCanne State of No. Carolina Duplin County Jany. Term 1787. Then was the within deed proved in open Court by the oath of James Gillespie & ordered to be registered. Test W. Dickson, C. C.

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